Fair Work Commission – Investigation Procedural Deficiencies

The Fair Work Commission has found that the sacking of a mother and daughter by an abortion clinic was unfair because the clinic failed to adequately investigate the allegations of fraud and bullying made against the pair [1].

Facts

In essence:

There were allegations that the practice manager of the clinic bullied nurses by threatening to dismiss them because they had left unconscious patients unattended.

Further allegations were made that both the practice manager and her receptionist daughter were incorrectly recording their hours, such as by failing to record cigarette breaks and long lunches

In denying the claims, both the practice manager and receptionist claimed that the director of the clinic had concocted the allegations in order replace them with his own wife and daughter.

There were also claims that the director stated he could not “afford to have himself or his business” involved in anti-bullying application brought by the nurses at the Fair Work Commission

Fair Work Commission – Decision

The Fair Work Commission:

Concluded that the dismissal was unfair because the director failed to conduct a comprehensive investigation into the bullying allegations or attempt to resolve the problems between the parties

Although the applicant’s inaccurate recording of time and wages was a valid reason for dismissal, the respondents argument was undermined by the “significant procedural deficiencies” in the dismissal process, including not enough time being given to the employees to prepare a “cogent” response to the allegations

Found that ultimately it was “underlying commercial and interpersonal factors between staff” that led to the director’s decision to terminate the practice managers employment

Awarded the practice manager $4500 in compensation for four weeks’ wages.

However, the Fair Work Commission declined to make orders to compensate the receptionist as she had “promptly secured alternative employment”

seekthe assistance of an employment lawyer to understand the impacts of this decision

ensure that where allegations of misconduct arise in the workplace, that those allegations are properly investigated and the employee concerned is given a fair opportunity to respond to the allegations

ensure that where disciplinary action is contemplated, in particular potential dismissal, that a procedurally fair process is followed prior to any decision being made

fairly, consistently and lawfully respond to breaches of employment contracts and employment law policies

damages can apply for breaches of employment contracts and some employment law policies (which an employment lawyer can advise on)

raise any employment law questions with an employment lawyer

Employment Law – More Information

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